Printer Friendly Page
MAIL CALL: MORE QUESTIONS FROM VA WATCHDOG
READERS ANSWERED BY JIM STRICKLAND --
Veterans' Advocate Jim Strickland gives common
sense answers to questions about VA benefits.
Veterans' Advocate Jim Strickland provides
regular columns for VA Watchdog dot Org.
If you would like to contact Jim about his
columns, you can email him here...
The archive of Jim's articles
is here...
-------------------------
Question:
I was receiving a non service connected benefit
for chronic obstructive pulmonary disease (COPD). I filed for a service
connection for a back injury. During the C & P exam the examiner asked a
lot of questions about my COPD that had nothing to do with my back. I
later filed for the aide and attendance benefit as well as IU and was
denied. I'd like to know what regulation allows a C & P examiner to ask
me questions about anything other than what my claim is for?
Answer:
I don't know of any regulation that specifically says that an examiner
is allowed to ask questions about all your conditions. More to the
point, the examiner isn't restricted of asking you anything that they
think may be relevant to your situation. The examiner is a medical
professional who may need to ask many questions to reach a decision
regarding your physical condition. My advice is to be well prepared
before the exam and to fully cooperate with the examiner.
Question:
Again thanks for your website and column. I
enjoy it a lot and I learn every time I read it. My question is this; I
applied for compensation for diabetes and hearing loss through my DAV
office three weeks ago. How long will it be before I hear anything?
Answer:
Thanks for your kind words.
There are a number of variables that will affect what happens next. Each
VA Regional Office (VARO) has its own significant backlog, some are
worse than others.
Depending on how much medical evidence you've accumulated and sent with
your application, your VARO likely will insist on a Compensation and
Pension (C&P) exam and getting that scheduled often takes months. You'll
also be scheduled to meet with an audiologist for hearing testing so
that schedule will affect you too. Don't miss those appointments as the
penalties are harsh.
Within the next 8 weeks you should get a letter acknowledging that the
VARO has received your benefits application and assigning you a case
number. If you don't receive such notification, be sure to check with
your representative to ensure that your paperwork was processed. I hear
stories every week of paper falling through the cracks and never getting
to the VARO.
Along the way you should begin to receive notices from the VARO that
will read, "We're sorry about the delay...". These are sent sporadically
and can be ignored.
You may also begin to receive letters asking for more evidence. These
are fairly meaningless and are required to ensure that VA is satisfying
a part of their "duty to assist" in developing your case. The letters
are to offer you every chance to submit evidence in support of your
case.
Eventually you'll receive a VCAA notice. This will ask you if you have
more evidence to submit or if you are ready for the VARO to decide your
case. When you receive this, complete it and inform the VARO that you
have no more evidence to submit and that you want them to adjudicate
your claim quickly. Return it to them as registered mail.
You will likely experience a delay of 12 to 18 months at minimum. That's
a best case scenario that I'm seeing across the country today. You
shouldn't be terribly concerned (assuming all of the above
paper-pushing has been happening) until 2 years have passed.
The applications that have been well prepared initially are the ones
most likely to slide through to final decisions in less than 18 months.
A poorly prepared application that sits on your representatives desk for
a while will require more work by VARO and it will take longer.
There is no way to speed up the process once it's begun. Even writing
your Congressman isn't effective and may actually have a negative
effect. Your Congressman can't instruct VARO to do anything, he can only
inquire as to the status of your paper. That may get your file pulled
out of the stack for a review and a report and it may well go back to
the beginning of the process after.
If you write to your VARO asking why it's taking so long or demanding
some word of what's happening, that too will slow down the process and I
have yet to see an actual reply to such inquiries.
It's a terrible situation and a national embarrassment that our
government and elected leaders really don't care about fixing this badly
broken system. When you were a soldier, you were expected to be
immediately responsive to the needs of the country at a moment's notice
no matter the personal hardships. Now that you're in need of attention
from the government you served, you're seen as an
annoyance.
Question:
I have been reading and appreciating your articles in
VA Watchdog dot Org. I know the
Viet Nam moving wall is coming to Lenexa, Kansas and I am trying to find
a schedule of its location and date. I do thank you for all the good you
are doing.
Answer:
Thanks for your kind words. It appears to be 9/13 to 9/17 in Lenexa.
It's coming in from Superior, NE. You can get more info by clicking here
http://www.themovingwall.org/index.html
A little trivia...this "moving wall" is one of 2 that I've escorted,
each belongs to a different group of sponsors. Each group claims to be
the original and doesn't hold the others in high esteem. That's too
bad as each one I've seen has been well done.
I've visited the Washington D. C. Vietnam Memorial and of course, for
sheer size and impact, it is pretty awesome. But the local displays of
moving walls are very special, bringing out hometown crowds of old folks
and children who wouldn't otherwise be able to experience those emotions
that come with viewing over 58,000 names of our brothers and sisters.
Here are links to some pictures I've taken during my proud duty as a
motorcycle escort.
http://picasaweb.google.com/jimbobb2/SavannahWall
http://picasaweb.google.com/jimbobb2/TheWallRideJune07
http://picasaweb.google.com/jimbobb2/TheWall
Question:
I read your comments whenever they appear on VA Watchdog. You are very
knowledgeable in VA matters. This is my story of which there are
thousands. I was injured in May of 1962 when a large GP tent we were
unloading fell on top of me injuring my spine. The tent weighed approx.
400 lbs. I was an operating room tech with the newly formed 31st field
hospital unit from Ft. Lewis Washington.
I began my service connection disability claim on spine issues July 17th
2006. After one full year I was denied compensation on all conditions
July 18th from my VARO. They claim, "no continuity from military service
to present".
I begin with the very basic mistake from the onset of my claim. Wrong
medical records. The VA had my military medical records as someone's
else's records.
Two Doctors were omitted on my claim, and they were documented as
evidence. Dr. ____, D.C., from 1964 to 1972 and also Dr. ____ Doctor of
Chiropractory, 1973 to mid 80's. Since these were omitted there was no
way to show continuity of treatments after discharge from service. All
of the evidence was entered by the DAV.
One of the conditions was wrong also. The VA has RLS as a claims
condition when it was clearly stated that I suffered from Clonus,
compression of spine. Operated on in St. Louis on Oct. of 2006 Cervical
laminectomy. I also have spastic paraparesis with multi level spine
degenerative disc disease.
Now the very long appeals process begins. Mistakes, vital mistakes were
made by the VA review board. The rating review board denied all
conditions because of wrong and omitted evidence. I am now at the end of
a hugh pile of appeals claims because of their errors not mine.
My greatest fear is I called the 800 number to see how my claim was
being viewed since I put in for a "Notice of Disagreement" six weeks
ago. I was told by the person on the other end of the line that it would
be a year before I would get the "statement of case" in the mail. I told
her I wanted a DRO to review my case since none of this is because of my
fault. And it was entered in to the computer on Aug 2nd and the same
condition of RLS was entered. This could mean that the original claim is
just in duplicate, and after an another year it starts all over again.
Their mistakes, my problem.
All I am asking for is a fair and balanced review of the correct and
omitted evidence, nothing more, nothing less and in a timely manner. PS,
I have contacted my Congressman and Senator's office. Time will tell. If
you have advise I would appreciate it. I am 67 and time isn't on my
side. Thanks for listening.
Answer:
I was MOS 91D20 too, spent my time at 98th General Hospital in Neubrucke/Nahe,
West Germany from 67 - 70. I got out and became a civilian surgical tech
and did well with that training. A little college later and then into
cardiac cath labs, management, administration and finally into
consulting...all based on that great training at Brooke Army Medical
Center, Ft. Sam Houston, San Antonio, Texas.
Your story makes me realize I'm correct when I preach that a claim is
only as good as the first filing. Once you step off on the wrong foot
with VA, it can be hell to get anything changed and back on course.
There are 2 glaring issues I see. First, that lack of continuity is huge
and may torpedo any hopes of an award of disability benefits. You know
that already. Second, both the 'doctors' you list are chiropractors. You
have to face the fact that in most medical and health care circles
chiropractors aren't held in very high esteem. I've never seen a case
won (VA or SSA) on records from a chiropractor if there weren't
substantial M.D. physician records that agreed with and coincided with
anything chiropractic.
You also mention "degenerative disc disease". Once you start speaking of
this condition, it becomes much more of a challenge to prove a service
connection. The word "degenerative" describes a condition we all face if
we live long enough...it has no connection to your military service
decades ago, it's just the aging process.
I believe that your best chance of an award is to prove that there is a
nexus between that injury you had on duty and your condition today.
To do that you'll need proof positive that the injury occurred. Your
records should reflect that there was the event and that soon after the
event you received medical treatment. That record of medical treatment
must reflect the seriousness of that injury.
If you have that record, you'll then have to seek out a physician who is
an expert specialist to review the record and agree and state that your
current health issues are more likely than not related to that injury.
That physician should also state that this is a conclusion arrived at
after personally reviewing your records and history and naming the
records reviewed.
Your claim that VA has made numerous mistakes probably won't carry any
weight affecting the decision. Whether VA has made errors or not won't
substitute for a lack of credible evidence.
Credible evidence for VA disability purposes is the chain of events that
must be well documented; The original injury, the immediate treatment of
the injury, records that document continuing physical problems and
treatments over time and a current medical opinion that clearly says
that your current condition is likely caused by the original injury. All
of the above must be verified and supported by accepted medical
opinion...Medical Doctors.
I usually recommend against contacting elected officials at this stage
of the game. Unless there's an egregious error on part of VA those
elected officials have very little power to get anything done and if
they begin an inquiry, it can delay processing of your claim for months.
An inquiry almost always results in a form letter explaining that the VA
is just doing its job.
Question:
My son is 48 and has been diagnosed with lung cancer and diabetes. He
was in the chemical & biological division at Ft. Bragg and did his
training at NJ and MD where the bases are now on the contaminated bases
list. He had an honorable discharge served in the Guard then went back
in and then he was involved in some trouble and spent years in Ft
Leavenworth. He is in a VA home but we are bringing him here to spend
his remaining time. Would he be eligible for VA compensation? The social
worker thought he would be but the service officer said no. How is it he
is eligible for some things and not compensation & pension? Please
reply. Thank you.
Answer:
If he has an honorable discharge he is qualified to be considered for VA
benefits. Having said that the must have credible evidence showing that
his condition was likely caused by his military service. Just
because he served doesn't automatically qualify him for disability
benefits.
I don't have many details so I don't know why the Service Officer would
tell you that he isn't going to qualify for benefits. That Service
Officer may be right but that doesn't mean you can't try. You didn't
say who the Service Officer was associated with but I usually recommend
that Veterans always use a state or county SO. You can find one near you
in your local telephone book in the government section.
You can begin disability claim yourself without too much trouble. Click
the links below for the paperwork to get started.
http://www.vba.va.gov/pubs/forms/21-0760.pdf
https://www.1010ez.med.va.gov/sec/vha/1010ez/
The benefits process may take months or years to complete. You should
contact your local VA Regional Office at 1-800-827-1000 for more
details.
Question:
My Dad served in the US Navy Submarine Corp from around 1947 to 1952. He
was stationed in Hawaii, Japan and San Diego.
Long story short, my Dad now is in the final stages of Parkinson's
disease. He is at home and we have a full time (24/7) aid who is
assisting my Mother in caring for him. The task is becoming overwhelming
as well as financially draining. We contacted the VA to see what
benefits he might be allowed for care and basically were told nothing.
He does get some prescriptions through the VA, a benefit we are thankful
for.
We feel we are probably very close to having to put him into a home
where he can get the round-the-clock care and attention he needs, which
we cannot supply. Are there any programs that might assist my Mother to
pay for this? We understand that he can go to a VA home and that would
be covered, but there is an extensive waiting list.
Any information would be appreciated. Thanks in advance.
Answer:
I'm very sorry to hear of your father's condition. He's blessed to have
concerned and caring family. He may well be eligible for the Aid and
Attendance benefit.
As I usually do with A&A benefit questions, I'm going to refer you, via
this email, to my friend who is an expert on the A&A benefit. She will
be in touch with you from her business email address so you may want to
put that address in your computer's address book to ensure it comes
through. (That name is available by writing directly to me.)
The A & A benefit is poorly understood, even by VA. You can read more
about the A & A benefit by clicking on the links below.
http://www.warms.vba.va.gov/regs/38CFR/
BOOKB/PART3/S3_350.DOC
http://www.warms.vba.va.gov/regs/38CFR/
BOOKB/PART3/S3_351.DOC
http://www.warms.vba.va.gov/regs/38CFR/
BOOKB/PART3/S3_352.DOC
-------------------------
Larry Scott --
